Houser v. Houze

1. Under the law of this case as laid down by this court in Houze v. Houser, 37 Ga. App. 639 (141 S. E. 220), the plaintiff was entitled to recover on showing an unauthorized rejection by the defendant of certain peaches tendered the defendant under the terms of the contract of purchase and sale.

2. The evidence authorized the jury to find that several loads of peaches of the size and quality specified by the contract of purchase and sale were tendered by the plaintiff vendor to the defendant, and rejected by him. They were further authorized to find, from 'the evidence, that the number of…